165 Power to apply Part 3 to treatment at non-health service hospitals
(1) Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—
(a) a person makes a compensation payment as mentioned in section 150(1)(a), but
(b) the person to or in respect of whom the payment is made has—
(i) received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,
(ii) been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or
(iii) received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),
(subject to subsection (2)).
(2) Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital.
(3) In subsection (1), “NHS arrangement” means an arrangement or agreement between—
(a) the hospital in question or a body responsible for it, and
(b) any of the following—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ia) NHS England,
(ib) an integrated care board,
(ii) a National Health Service trust established under section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act,
(iii) a Local Health Board,
(iv) a Health Board or Special Health Board established under section 2 of the 1978 Act, or
(v) an NHS foundation trust.
(4) Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed.
(5) In this section “qualifying hospital” means a hospital (within the meaning of section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.
(1) Any power to make regulations conferred by this Part is exercisable—
(a) in relation to England and Wales, by the Secretary of State; and
(b) in relation to Scotland, by the Scottish Ministers.
(2) Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.
In this Part—
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);
“compensation payment” has the meaning given in section 150;
“health service hospital” means a health service hospital within the meaning of the 2006 Act, the National Health Service (Wales) Act 2006 or the 1978 Act;
“injured person” has the meaning given in section 150(1);
“NHS ambulance services” means ambulance services provided under section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006 or section 45 of the 1978 Act;
“NHS treatment” has the meaning given in section 150(7);
“prescribed” means prescribed by regulations.
(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.
(2) In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.
(1) The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 172, are providing services under section 35 of the 1977 Act (general dental services).
(2) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general dental services contract with him; and the order may make provision as to the terms of any such contract.
(3) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of dental services.
(4) An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
(5) An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 172), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
(6) In this section—
“appropriate authority” means—
the Secretary of State, in relation to England; and
the Assembly, in relation to Wales;
“general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).
(1) The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 175, are providing services under section 29 of the 1977 Act (general medical services).
(2) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general medical services contract with him; and the order may make provision as to the terms of any such contract.
(3) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of medical services.
(4) An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority.
(5) An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 175), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates.
(6) In this section—
“appropriate authority” means—
the Secretary of State, in relation to England; and
the Assembly, in relation to Wales;
“general medical services contract” means a contract under section 28Q of the 1977 Act (as inserted by section 175).
185 Replacement of the Welfare Food Schemes: Great Britain
(1) In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute—
Benefits under schemes for improving nutrition: pregnant women, mothers and children
13 (1) Regulations may establish one or more schemes to provide benefits for prescribed descriptions of—
(a) pregnant women,
(b) mothers, and
(c) children,
with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description.
(2) Before establishing, or varying, a scheme the Secretary of State must consult the Scottish Ministers and the National Assembly for Wales (“the Assembly”).
(3) A scheme may, in particular, specify requirements that must be satisfied—
(a) before a person may become entitled to a benefit;
(b) for a beneficiary to remain entitled to a continuing benefit.
(4) A scheme may also include provision—
(a) for a benefit to consist of food of a prescribed description being provided by—
(i) a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme;
(ii) a person providing a service (such as day care) for the recipient of the benefit; or
(iii) a health service body;
(b) for the use of vouchers, or similar arrangements, in connection with the provision of benefits;
(c) that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme;
(d) for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme;
(e) for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme;
(f) for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme;
(g) for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed;
(h) requiring prescribed categories of persons to take reasonable steps to provide—
(i) to a person authorised for the purpose in accordance with the scheme,
(ii) on production, if required, of evidence of his authority,
such information or evidence as may be reasonably needed in connection with administering the scheme.
(5) Provision of a kind mentioned in subsection (4)(h) may, in particular—
(a) require information or evidence to be provided in a legible form;
(b) authorise the taking of copies or making of extracts;
(c) require an explanation by the information provider of anything which he has provided;
(d) require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held.
(6) The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly.
(7) The Secretary of State may give such directions—
(a) to a body administering a scheme (or part of a scheme),
(b) in relation to matters relating to the operation of the scheme (or that part of the scheme),
as he considers appropriate.
(8) The Assembly may, with the agreement of the Secretary of State, give such directions—
(a) to a body administering a scheme (or part of a scheme),
(b) in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales,
as it considers appropriate.
(9) A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed.
(10) The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(11) In this section—
“benefit”, in relation to a scheme, means a benefit under the scheme;
“children” has such meaning as may be prescribed;
“enactment” includes an Act of the Scottish Parliament and a provision made under an enactment;
“food” includes vitamins, minerals and other dietary supplements;
“health service body” has such meaning as may be prescribed;
“information provider” means the person who is required to provide information or, where that person is a body corporate, any person who is, or at any time has been, an officer or employee of the body corporate;
“pregnant” includes recently pregnant;
“prescribed” means prescribed by regulations;
“regulations”, except in subsection (6), means regulations made by the Secretary of State;
“scheme” means a scheme made under this section;
“women” includes persons under the age of 18.
(2) In section 15A of that Act—
(a) in subsection (2), after the first “instrument” insert “ made by the Secretary of State ”; and
(b) omit subsection (3).
186 Replacement of the Welfare Food Schemes: Northern Ireland
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 185 above—
(a) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) is subject to annulment in pursuance of a resolution of either House of Parliament.
190 Abolition of Public Health Laboratory Service Board
(1) The Public Health Laboratory Service Board is abolished.
(2) Schedule 13 has effect.
(3) On the day this section is commenced by order under section 199 the property, rights and liabilities of the Board vest in the Secretary of State.
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) Any order or regulations under this Act—
(a) may make different provision for different purposes; and
(b) may make incidental, supplementary, consequential, transitory or transitional or saving provision.
(2) Any power to make regulations conferred by this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.
(3) Before making any regulations under Part 3 the Secretary of State must consult the Assembly.
(4) Any power to make an order or regulations under this Act is exercisable by statutory instrument.
(5) The Secretary of State may not make a statutory instrument containing—
(a) regulations under section 150(12),
(b) the first regulations made under section 26, 35 or 153(2), or
(c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(6) A statutory instrument containing any other order or regulations under this Act made by the Secretary of State (apart from an order under section 22, 25(3), 28 or 199) is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The Scottish Ministers may not make a statutory instrument containing—
(a) regulations under section 150(12),
(b) the first regulations made under section 153(2), or
(c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
(8) A statutory instrument containing any other order or regulations under this Act made by the Scottish Ministers (apart from an order under section 199) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to that Act as amended by this Act.
(2) Subsection (1) does not affect the power to make further Orders varying or omitting any reference to an Act which is amended by this Act.
The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order.
(1) Subject to this section—
(a) the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to 5, and
(b) section 196 and Schedule 14,
shall come into force on such day as the appropriate authority may by order appoint.
(2) The appropriate authority is—
(a) in relation to Part 1, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State;
(b) in relation to Part 2—
(i) for section 42 and Schedule 7, sections 57 and 61, Chapter 5, sections 102 to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133, 135, 139 and 141, section 147 and Schedule 9 so far as relating to the Commission for Social Care Inspection, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State;
(ii) for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142 to 145 and section 196 and Schedule 14 so far as relating to those provisions, the Assembly;
(iii) for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147 and paragraph 4 of Schedule 9 and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State, in relation to England, and the Assembly, in relation to Wales; and
(iv) for the other provisions of the Part, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State after consulting the Assembly;
(c) in relation to Part 3, and section 196 and Schedule 14 so far as relating to that Part—
(i) in relation to England and Wales, the Secretary of State after consulting the Assembly; and
(ii) in relation to Scotland, the Scottish Ministers with the consent of the Secretary of State;
(d) in relation to section 181, and section 196 and Schedule 14 so far as relating to section 181, the Secretary of State;
(e) in relation to the other provisions of Part 4, and section 196 and Schedule 14 so far as relating to those provisions—
(i) in relation to England, the Secretary of State; and
(ii) in relation to Wales, the Assembly;
(f) in relation to Part 5, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State.
(3) Different days may be appointed for different purposes.
(4) Subsection (1) does not apply in relation to any provision of this Act so far as it confers power to make an order or regulations, or to section 167, 186 or 192.
200 Transitional or transitory provision and savings
(1) The appropriate authority may by order make such transitional or transitory provisions and savings as the authority considers appropriate in connection with the coming into force of any provision of this Act.
(2) For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
(3) An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
(4) Nothing in any transitional or transitory provisions and savings contained in this Act restricts the power under this section to make other transitional provisions and savings.
(1) The appropriate authority may by order make such supplementary, incidental or consequential provision as he or it thinks appropriate for the purposes of, in consequence of or for giving full effect to any provision of this Act.
(2) For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199.
(3) An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation.
(4) The power under this section is not restricted by any other provision of this Act.
(1) The amendment or repeal of any provision by this Act has the same extent as the provision being amended or repealed (subject to any express limitation contained in this Act).
(2) Subject to that and except as provided below this Act extends to England and Wales only.
(3) The following provisions also extend to Scotland—
(a) sections 124 and 125;
(b) Part 3, except for section 163(3);
(c) sections 185, 187 and 188 and Schedule 12;
(d) this Part.
(4) The following provisions also extend to Northern Ireland—
(a) sections 124 and 125;
(b) section 186;
(c) sections 187, 188 and Schedule 12;
(d) this Part.